The arrest of the two marines after the shooting death of two Kerala fishermen on February 15, 2012 has strained ties between the two countries, with Italy demanding the sailors’ release.
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“Having considered submissions of the parties, subject to conditions, the Italian marine Salvatore Girone’s bail conditions are modified”, Justices PC Pant and DY Chandrachud said in a written judgment read out in court.
The worldwide arbitral tribunal has been established under Annex VII of the United Nations Convention on Law of the Sea (UNCLOS) for adjudicating on the dispute between India and Italy over their jurisdiction to try Latorre and Girone.
The Supreme Court Thursday allowed plea of Salvatore Girone, one of the two Italian marines accused of killing two fishermen off Kerala coast, seeking relaxation of bail conditions, to enable him to return to Italy, his home. The court at the Hague said that the marine would have to obey bail conditions set by the Supreme Court.
The other Marine Massimiliano Latorre is in Italy on medical grounds. The tribunal had asked India to allow the marine to return home while the arbitration proceedings take place. It had stated that he is under the Indian authority and hence the Supreme Court of India should exercise its jurisdiction over him.
Italy also accepted that if Girone is allowed to return to Italy, he would remain under the jurisdiction of the courts of India.
He would have to report to police station every month and would be prohibited from leaving Italy unless the Supreme Court of India grants him permission.
The Apex Court ruled that Girone can return to Italy while an worldwide tribunal decides on a jurisdictional issue between India and Italy.
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Italy has also complained that in four years the two marines have yet to be formally charged with any crime.
